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03-09-26-R
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03-09-26-R
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36 <br />party of such breach in writing and may immediately terminate the <br />Business Associate Agreement upon notice to the breaching party or may <br />provide the breaching party with an opportunity to take reasonable steps <br />to cure the breach or end the violation, as applicable, within a mutually <br />agreed upon period of time. If the breaching party’s attempts to cure the <br />breach or end the violation are unsuccessful within that period, without <br />limiting the rights of the parties under the Business Associate Agreement, <br />the non-breaching party may immediately terminate the Business <br />Associate Agreement upon notice to the breaching party. <br /> <br />C. Effect of Relationship Termination. <br />1. Except as provided in paragraphs (2) and/or (3) of this sub-section, <br />upon termination of the Business Associate Agreement, for any <br />reason, Business Associate shall return or destroy all Protected <br />Health Information created or received by it on behalf of Covered <br />Entity. This provision shall apply to Protected Health Information <br />that is in the possession of Business Associate and/or its <br />Subcontractors or agents. Business Associate will not retain any <br />copies of Protected Health Information. <br /> <br />2. In the event that Business Associate determines that returning or <br />destroying Protected Health Information is infeasible, Business <br />Associate will notify Covered Entity of the conditions that make <br />return or destruction infeasible. Upon mutual agreement of the <br />parties that return, or destruction of Protected Health Information is <br />infeasible, Business Associate will extend the protections of this <br />Business Associate Agreement to such Protected Health Information <br />and limit further uses and disclosures of such Protected Health <br />Information to those purposes that make the return or destruction <br />infeasible, for so long as Business Associate maintains such Protected <br />Health Information. <br /> <br />3. Should Covered Entity notify Business Associate that the information <br />necessary to comply with the recordkeeping requirements under <br />other applicable law includes the Protected Health Information, <br />Business Associate shall return or provide to Covered Entity such <br />information, including Protected Health Information. <br /> <br />VII. General Provisions <br />A. Reproductive Health Care Information. Notwithstanding any provision <br />in the Agreement, as of December 22, 2024, this Agreement shall require <br />compliance with the Regulations to Support Reproductive Health Care
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